Mr. Vitter introduced
the following bill; which was read twice and referred to the
Committee on
Finance

A BILL

To amend title IV of the Social Security Act to require
States to implement a drug testing program for applicants for and recipients of
assistance under the Temporary Assistance for Needy Families (TANF)
program.

1.

Short title

This Act may be cited as the
Drug Free Families Act of
2011.

2.

Drug testing program
for applicants for and recipients of assistance under State TANF
programs

(a)

State plan
requirement of drug testing program

Section 402(a) of the Social
Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following
new paragraph:

(8)

Certification
that the State will operate an illegal drug use testing program

(A)

In
general

A certification by the chief executive officer of the
State that the State will operate a program to test all applicants for
assistance under the State program funded under this part, and all individuals
described in subparagraph (B) of section 408(a)(12), for the use of illegal
drugs (as defined in subparagraph (G)(i) of such section), and to deny
assistance under such State program to individuals who test positive for
illegal drug use or who are convicted of drug-related crimes, as required by
such section.

(B)

Authority for
continued testing

The program described in subparagraph (A) may
include a plan to continue testing individuals receiving assistance under the
State program funded under this part for illegal drug use at random or set
intervals after the initial testing of such individuals, at the discretion of
the State agency administering such State
program.

.

(b)

Requirement
that applicants and individuals receiving assistance be tested for illegal drug
use

Section 408(a) of the Social Security Act (42 U.S.C. 608(a))
is amended by adding at the end the following new paragraph:

(12)

Requirement
for drug testing; denial of assistance for individuals found to have used
illegal drugs and individuals convicted of drug-related offenses

(A)

In
general

A State to which a grant is made under section 403 shall
not use any part of the grant to provide assistance to any individual who has
not been tested for illegal drug use under the program required under section
402(a)(8).

(B)

Transition
rule

In the case of an individual who is receiving assistance
under the State program funded under this part on the effective date of the
Drug Free Families Act of 2011,
or whose application for assistance is approved before such date if such
assistance has not begun as of such date, a State may not provide assistance to
such individual unless such individual is tested for illegal drug use under the
program described in subparagraph (A) after the 3rd month that begins after
such date.

(C)

Denial of
assistance for individuals who test positive for illegal drug use and
individuals convicted of drug-related crimes

In the case
of—

(i)

an individual who
tests positive for illegal drug use under the program described in subparagraph
(A); or

(ii)

an individual
who is convicted of a drug-related crime after the effective date of the
Drug Free Families Act of
2011;

the
State shall not provide assistance to the individual under the State program
funded under this part unless such individual enters and successfully completes
(as determined by the State) a drug rehabilitation or treatment program and
does not test positive for illegal drug use in the 6-month period beginning on
the date the individual enters such rehabilitation or treatment program. During
such 6-month period the State may continue to provide assistance to an
individual who has not been convicted of a felony drug-related crime, unless
the individual tests positive for illegal drug use during such period. The
State may test the individual for illegal drug use at random or set intervals,
at the discretion of the State, after such period.(D)

Waiting period
after denial of benefits

In the case of an individual who is
denied assistance under subparagraph (C) because of failure to satisfy the
requirements of such subparagraph, a State may not provide assistance to such
individual under the State program funded under this part at any time during
the 2-year period beginning on the date the individual is so denied.

(E)

Permanent
denial of assistance after third drug-related denial

In the case
of an individual who is denied assistance under subparagraph (C) 3 times, as a
result of 3 separate positive tests for illegal drug use, 3 separate
convictions for drug-related crimes (not including convictions that are imposed
concurrently in time), or any combination of 3 such separate tests or
convictions, a State may not provide assistance to such individual under the
State program funded under this part at any time after the 3rd such test or
conviction.

(F)

Limitation on
waiver authority

The Secretary may not waive the provisions of
this paragraph under section 1115.

(G)

Definitions

For
purposes of this paragraph—

(i)

Illegal
drug

The term illegal drug means a controlled
substance as defined in section 102 of the Controlled Substances Act (21 U.S.C.
802).

(ii)

Drug
rehabilitation or treatment program

The term drug
rehabilitation or treatment program means a program determined by the
State to provide treatment that can lead to the rehabilitation of drug users,
but only if such program complies with all applicable Federal, State, and local
laws and regulations.

(iii)

Drug-related
crime

The term drug-related crime means any crime
involving the possession, use, or sale of an illegal
drug.

.

(c)

Effective
date

(1)

In
general

Except as provided in paragraph (2), the amendments made
by this section shall take effect on the 1st day of the 1st calendar quarter
that begins on or after the date that is 1 year after the date of the enactment
of this Act.

(2)

Delay permitted
if State legislation required

In the case of a State plan under
section
402(a) of the Social Security
Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be regarded as failing to
comply with the requirements of such section 402(a) solely on the basis of the
failure of the plan to meet such additional requirements before the 1st day of
the 1st calendar quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of enactment of this Act.
For purposes of the previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed to be a separate
regular session of the State legislature.